MEMORIAL DAY
by SANDEFUR
Summary: The trial of Joan Girardi.
1. Chapter 1

MEMORIAL DAY

by

SANDEFUR

Disclaimer: This is fan fiction just for fun. I have no claims.

5-26-08/Monday morning.

In her young life Joan Girardi has ridden in the back of a lot of limousines for a lot of reasons, but the reason for today's ride is one of the saddest. Joan is in a line of similar limos that are part of a funeral procession. Next to Joan is her 16 year old cousin Steven, and today is the funeral of his brother and Joan's cousin, Sgt. Simon Newman. From the air-conditioned comfort of the car, Joan silently watches the passing landscape of this Tampa suburban area. It won't be long before they reach St. Wendel's Catholic Cemetery and the next stage of this ordeal filled day. The graveside service will be brief, but then comes a traditional Irish wake back at the (for sale) Newman family home.

Steven breaks the silence. "Cousin Joan, do you think Simon will be remembered?"

"Of course he will, Steven. You'll never forget him."

"Oh, I know the various family members will remember, and maybe a few of Simon's friends will think of him from time to time, but will the world remember? He was only 19 and didn't have a chance to make his mark in the world. Simon didn't even die a hero's death – it was just some stupid accident…"

Joan nods as she feels a stab of guilt. When she last saw her Cousin Simon, it was on her birthday and he was being shipped out to Iraq. A confrontation with the devil convinced Joan that Simon would not return from Iraq alive. God promised to watch over Simon, especially if she maintained her daily prayers for him, but He could not guarantee Simon's safety due to free will choices. Not satisfied with that response, Joan made a deal with Homeland Security's director of covert operations to protect her cousin. Director Dunn kept his word and Simon was immediately sent back to base to become an instructor with even a bump in rank. In return, Joan has been alternating between assignments for God and assignments for the government. But the cause of Joan's guilt? Thinking that Simon was safe, she stopped praying for him.

"Steven, just because Simon didn't die in combat doesn't make him any less of a hero. He was in uniform, doing his duty when…"

"When he slipped and fell while getting off of his tank because the steel was slippery due to rain. That's not how a hero dies. He might as well have slipped in the bathtub at home."

"Patton died in a car wreck, but he was still a hero. Simon volunteered to fight for his country, and he was prepared to take all of the risks involved. To me, that makes him a hero."

Steven nods. "Yeah…but they don't give out medals for accidental deaths. Fifty years from now, who will remember Simon ever existed?"

Joan ponders a moment. "You could keep his memory alive by naming one of your future children after him."

"If I have kids. If I have a son."

"Tell you what, if I ever have a son, I will name him Simon, and he will know who he is named after."

"You'd do that, Cousin Joan?"

"I give you my word." Joan says while thinking: 'It's the least I can do. Did Simon die because I was no longer praying for his safety? I hope not. It was such a shock when we heard about Simon's death Friday night. But as I promised, if I do have a son…'

Joan suppresses a sigh. This isn't the time to think about her problems. With no husband or potential boyfriend on the horizon, the chance to name a son 'Simon' seems slim. Two months ago, after finally realizing Dylan Hunter was her soulmate, that relationship came to an abrupt end when Dylan accused her of cheating on him. Physically, technically, it wasn't true, but in her soul Joan carried the guilt of betrayal because only circumstances prevented the consummation of Joan's intended plan to seduce another man. Dylan returned to California angry and broken hearted, and despite Joan's many attempts to apologize and explain, Dylan has remained incommunicado. It was Joan's plan that as soon as classes were over on Friday, to fly to L.A. and have it out with Dylan face-to-face. Then came the news about Simon…

The procession of cars comes to a halt – the limos first, followed by a long line of vehicles driven by friends and neighbors. A couple of motorcycle cops have kept the procession tightly bunched and on time for the funeral ritual. As it is Memorial Day, numerous groups of veterans are paying tribute to the nation's fallen, but when they spotted the flag draped coffin in the back of the hearse, they all paused to salute.

Car doors open, people brace themselves for the Floridian heat and humidity, and the pall bearers begin the grim task of unloading the coffin. Will Girardi, sweating profusely in a black suit, is one of the pall bearers. Before leaving Arcadia, many of Will's campaign staff argued a mayoral candidate couldn't leave town during such an important holiday, but Will's response was brief… "There's no way I'm letting my wife face a family funeral alone."

From one of the limousines emerges Helen Girardi (holding a grumpy E.T., one year old as of yesterday). Also, there is Helen's sister, Nell (now a 'Brodie' again after the divorce). Joining them is their Aunt, Olive Donnelly. Although Aunt Olive is approaching 80, she is still strong and gives Nell the support she needs to make the short walk to…her son's grave.

From the other limo there emerges Marcus Brodie and his second wife, Leona. Marcus is now 72 and still very fit, but for the first time, here at his grandson's funeral, he looks truly old. Leona remains close to him in case he too needs support. The last member of the family emerges – Robert Newman. He has lost weight since the last time Joan saw him, and his hair is rapidly greying. It has been a hard year for 'Uncle Bob' – his marriage ended, his car dealership is struggling and now…Simon. Bob sways a bit – the heat of the day and the several drinks he's had makes balance a problem. Steven rushes over and gives his father a supportive arm.

It is all Joan can do not to cry. She has never been close to this side of the family, and definitely never liked 'Uncle Bob', the philandering ex-husband of her Aunt Nell. Still, she can't help feeling sorry for Bob. Despite his many faults, he has always loved his sons as much as life itself, and this tragedy has driven him to the edge. Prior to this Bob and his remaining son were estranged, but Joan can tell that won't last in the face of this difficult time. Family…

Of course not everyone could make it. Cousin Florene Donnelly is grounded in San Francisco recovering from an appendectomy. Kevin is stuck in L.A. filming the two part season finale to his TV show, 'Improper'. They were finally able to reach Luke Saturday morning, but he and his young family were driving down from Boston, planning to stop at some to the touristy spots on the way. There was no way they could make it to the funeral on time.

Still, there is an impressive turn out including many of Simon's friends from high school, employees of the Pontiac-Saturn-Hummer dealership, plus neighbors and members of the church where the family sporadically attended. A surprisingly young priest stands at the grave site, patiently waiting for the approaching pall bearers. Once the coffin is in place, and the mourners have settled into orderly rows, with the family up front, the service begins with a prayer. After that, the priest continues by reading a letter from Simon's commanding officer, praising the skill and dedication of Sgt. Newman. While this is going on, Joan witnesses a strange but not unexpected sight…

The ghost of her cousin Simon, in dress uniform, approaches them. This is not the first time Joan has encountered ghosts at a funeral. Often they just want to bid an unseen farewell to loved ones before going on to their final destination. But this is different. Simon seems sad and very reluctant to be here, and that might be because he is not alone. Two other ghosts, also soldiers, march with Simon toward the funeral, and they look angry. E.T. begins to squirm with unease at the approaching ghosts.

"Mom…?" Joan whispers.

"I see them, Joan." Helen whispers back.

The three ghost soldiers come to a halt near the gathered mourners. Simon sighs and beckons Joan…

Helen whispers, "What do they want?"

"I don't know, but I better find out." Joan says as she quietly slips away. Most of the mourners, lost in their own sad thoughts, do not notice. Joan reaches the soldiers and Simon again beckons her to follow.

"Simon, what's this all about?"

"You…can talk to me?"

"Of course. Where are you taking me, and who are these other guys?" Joan asks as she walks along with the trio.

One of the ghosts, a sergeant, snarls: "Make her shut up, Newman. I don't want to hear her voice."

"Joan, I want you to know this wasn't my idea. I wanted nothing to do with this."

"With what? I'm not taking another step until you explain."

The other soldier, a corporal, says: "It doesn't matter. We're far enough away now. We were told to get you away from the others in case some of them were spiritually sensitive and would be disturbed by what happens next."

Joan looks about and realizes she is out of view due to some nearby trees. Suddenly the two angry ghosts reach out and begin pushing Joan down and down…

All goes black.

X X X X X

Feely shaky and disoriented, Joan opens her eyes and sees a familiar face. It is not a friendly or welcoming face, but Joan smiles anyway.

"Hey Big Guy, long time no-see."

Joan's former tutor, a 25 foot tall jet-black warrior angel with glowing eyes, grunts a greeting. He has never been the warm and fuzzy type.

"Time to focus, Joan. You are in great peril."

Joan stands and tries to make sense of her surroundings. She is in a great cavern that in height, width and length seems to go on forever.

The angel remarks, "Your Grand canyon could easily fit within this cavern if it existed in the same dimension."

"Good to know. Is this a dream or vision?"

"No Joan, this is quite real."

"So...this is a courtroom?" Joan asks as she indicates the empty judge's stand and the tables set aside for the defense and prosecution. "Who's on trial?"

"You are, Joan."

Joan sighs. "I figured, considering those two angry soldiers are sitting at the prosecutor's table. And what happened to my cousin Simon?"

"He is not one of those who filed charges against you, Joan. Although, he may be called as a witness later on."

"Yeah, speaking of 'charges'. What exactly am I suppose to have done?"

"The charges will be read at the start of the trial, and I will act as your defense attorney. We are waiting on the prosecutor who likes to make late, dramatic entrances."

"I'm in no hurry... Wow, that's a huge TV screen." Joan says, pointing upward.

"It is larger than any found in a human stadium. It is used to present evidence since it can show the past, present and future. It can also show thoughts, emotions and alternate timelines. Add to that the fact no mortal can lie in this court, justice is guaranteed."

"So that's your strategy, trust the system?"

"Honesty is your only acceptable defense. If that leads to your conviction and punishment, then take solace in the fact you have received a fair trial and a fair result."

"Well...isn't that something. I'm guessing you've never been to law school. Do you mind if I look around?"

"Are you looking for an escape route?"

"Absolutely...oh, I guess I really can't lie here."

"Joan, there is no way to escape. You must face the charges against you."

"Then...I guess I'll look around anyway."

Joan wanders away, looking over the sparsely furnished courtroom. The dominant feature is a door 60 feet tall, made of brass and covered in a rather cheap looking pearl veneer. From behind the door comes a high pitched drone that becomes annoying if you pay attention to it. On either side of the door are the court's baliffs - red demons of the traditional view. They are fifteen feet tall, have forked tail, horns and huge phalluses that are on fire. ('Yeah, like what every guy I've known has claimed.')

The only other thing of interest is the gallery of spectators, seperated from the court area by a waist high railing. There is a wide variety of people in the large crowd, all of them evil in nature, and they are watching Joan's every move with fascination. Some cringe as she walks by, and all glare at her with hostility. To Joan's surprise, she spots a familiar face...

"Ryan?"

Ryan Hunter smiles, but he lacks the arogant confidence he once had. "Hello Joan, I was hoping I would get a chance to talk to you."

"But...you're dead."

"My body died, but my soul lives on forever - if you can call being in hell living."

"How did you get out?"

"On a temporary pass so I could watch your trial. All of those gathered here are eager to watch the trial of an actual instrument of God."

"So I'm a hot ticket item?"

"Very. You've earned quite a reputation amongst the denizens who exist behind that door."

"That door? You mean...?"

"Joan, this is the gateway to hell. That droning noise you hear is the combined, high pitched screams of pain and terror that is constantly and loudly heard in the devil's kingdom."

"It sounds terrible."

"It is. You spend your days in utter darkness, constantly tortured by demons who have nothing better to do with their time, except when they stop to gossip. They love to talk, and you have become a frequent topic of conversation, especially since you actually defeated a death demon last year. That has permanently put you on the devil's list of those he wants to destroy. That's why he has made such an extraordinary effort to get you here, Joan. It's also why I was granted a rare pass so I could witness your comeuppance."

"At least it got you out of there for awhile."

"Yes, but it's a mixed blessing. In hell you have no hope, no reprieve and to be able to see anything outside of that place only serves to remind you of your endless despair. Even in his 'kindness', the devil twists the knife."

"I've heard God express a similar view. That even when Beelzebub is telling the truth, he always has a lie hidden within it. I don't suppose you know what I am charged with?"

"I do, but I don't dare risk the evil one's wrath by telling you now and spoiling his fun. Take heart Joan, and remember the excellent words of the God I foolishly warred against."

"Ryan...is that repentance?"

"I would gladly, humbly repent before God if I had the chance, but my chances are gone." Ryan says with a quiver in his voice and tears in his eyes.

"I'm sorry."

"Compassion, for your worst enemy? Thank you. I will cherish that in the centuries ahead. It is the last I will ever know."

Ryan begins to softly weep and Joan walks away, disturbed by the fate of her 'worst enemy'. Joan supposes most of those suffering in hell have had a much too late change of heart. It fills her with a saddness that weighs heavily on her soul, and makes her wonder if she shouldn't be doing more to help people find the path of light. Joan rejoins her angelic lawyer just as a stir of excitement and fear ripples through the courtroom. From out of the darkness comes the sound of footsteps echoing everywhere in the vast chamber. Many in the gallery howl in dismay at the approach of their evil master. Joan braces herself for the appearance of the enemy, and moments later he is suddenly there...

As always, the devil imitates God - this time in a version Joan saw only once back at Arcadia High. It is the one that told her to build a boat, a naval officer in the dress uniform of a lieutenant commander, only this time it is the devil. He places a briefcase on the table and politely shakes hands with his 'clients', the two soldiers that Joan does not know, but who have somehow filed an unknown charge against her.

Naval Officer devil walks over to the defense table, ignores the towering angel and smiles at Joan. It is the kind of smile that makes Joan's blood run cold...

"At last Joan, I have you where I want you. I am going to enjoy this."

With more confidence than she feels, Joan retorts: "Bring it on, Bub."

The devil frowns at the disrespectful nickname, but before he can respond, one of the baliffs calls out in a voice that sounds like grit being scraped from stone...

"All rise! Court is now in session, the honorable Judge Joan Agnes Girardi presiding."

To Joan's amazement, a different version of herself climbs up to the judge's chair and looks out over the courtroom. It is definitely her, and Joan can identify the very day this version was plucked from time for this farce of a trial. Joan recognizes the clothes she was wearing the first day she met Cute Boy God on the bus to school.

Judge Joan remarks, "Wow, this is sooo weird. Oh well, I guess we better get started. Joan Girardi, you are here to face the charge of: Playing God..."

To Be Continued.

(This courtroom first appeared in my JoA/Sky High crossover: THE AMERICAN WAY.)


	2. Chapter 2

CHAPTER 2, MEMORIAL DAY.

Courtroom outside the gate to hell...

"Playing God? What does that mean?" Joan asks. "And why am I being judged by me – especial 'that' version?"

Judge Joan responds, "Hey, is that an insult? Because I'm pretty sure I can find you in contempt of court."

As Judge Joan searches through handwritten notes on several legal pads, the tutor-angel softly says, "Joan, it might be a good idea not to antagonize the judge. As for why you are being judged by yourself, among humans none judges the behavior of yourself more harshly than yourself. This is a version plucked from an alternative timeline – one who is never destined to serve as God's instrument."

Judge Joan abandons her search… "Well, I'm sure it's in here somewhere, so be careful what you say."

"Sorry your honor." Joan replies.

"S'okay. By the way, I love the buff look of old me."

"Old? I'm only twenty."

"Which when you're fifteen, seems old. How did you get so fit?"

"I had a 25 foot tall angel rapping on my window, waking me at dawn every day for miles of running, calesthenics and martial arts training."

"Ouch. That sounds hard."

"It was, but at least I finally managed to firm up that lingering childhood flab."

"Are you calling me fat?"

"No – no, just not…fit. As I remember from your age, I exercised moderately at best."

Before Judge Joan can respond, Naval Officer devil calls out, "Your honor, may we get on with the proceedings?"

"Oh right, I'm suppose to, uh…ask how you plead?"

Joan says, "And I don't know how to respond to that because I don't understand the charge. What does 'Playing God' mean?"

Devil, "Objection. This is an unacceptable delay in the proceedings. The question requires a simple guilty or not guilty."

Judge Joan holds up a hand. "I'll allow it. Counselor, explain to your client why she is here."

The tutor-angel kneels while Joan stands on a chair. "Joan, those two soldiers – Sgt. Elmo Donaldson and Cpl. Julio Montoya, accuse you of causing their unnecessary deaths by your willful manipulation of your cousin Simon's lifepath. You are charged with Playing God (the devil's term) for indifferently not considering the ripples of your actions. You are the first to ever face this charge."

"Wait, you're saying that by keeping Simon out of combat, I set off a chain of events that led to these two soldiers dying? Well, I'm sorry for them. I certainly never meant them any harm, especially since I didn't know they existed until today, but how is this a charge against me? People make dozens of choices everyday that affect the lives of others in unforeseen ways. Just deciding to turn left or right can alter the lifepath of other people. But everyone isn't put on trial for that."

The devil interjects, "But not everyone is a trained instrument of…'him', with a knowledge of how ripples work."

"It still seems unfair."

The tutor-angel stands. "On that basis your honor, I enter a plea of 'not guilty' for my client."

Judge Joan checks her notes and says, "Okay then, Mr. Prosecutor, call your first witness."

"I call Sgt. Elmo Donaldson."

(The sergeant leaves the prosecutor's table and goes to stand in the center of the courtroom.)

Devil, "State your case, soldier."

Donaldson replies,"I'm in my second hitch in the army, and last year I spent a month training with a new crew for my next tour in Iraq. I'm the tank commander of a Bradley M2, which has a three man crew and carries six infantry soldiers in an armored compartment in the back. The crew I trained with were new, but they were smart and caught on quickly to all that I was showing them."

(As Sgt. Donaldson speaks, a montage of images appear on the screen and you can see the growing teamwork and friendship between the three men.)

Devil, "Please identify your crew."

"Cpl. Julio Montoya – driver and Cpl. Simon Newman – gunner, both good men. The day came for us to ship out to Iraq. We boarded a bus going to Dover Air Force Base – the flyboys were providing transport. We had a one hour rest stop at a town I had never heard of, Arcadia Maryland. Simon said he had relatives in town, and it was his cousin's birthday. I gave him permission to make a quick visit, and he made it back in time to catch the bus. We then completed our trip to Dover."

Devil, "It was at that point things began to change?"

"Yeah, our battalion commander was personally waiting for us with new orders for Simon. He was to return to base immediately and take up the job of instructor with a bump in rank."

"This was uncommon?"

"I had never before heard of anything like that occuring. To his credit, Simon protested the change in orders. He wanted to stay with us, but he had no choice but to obey."

"Thank you Sergeant, that's all for now."

Judge Joan asks, "Questions, Defense?"

"None your honor."

Joan protests, "Are you kidding? Do something."

"Joan, he was telling the truth, and it was verified by the screen's images. What is the point of having him repeat it?"

Devil, "I call Sgt. Simon Newman."

(In an instant, Simon is standing in the space just vacated by Sgt. Donaldson.)

Devil, "Simon, did you visit your cousin Joan on November 24th of 2007?"

Looking annoyed Simon answers, "Yes, I visted the Girardi home during a rest stop. I only had a few minutes, but it was a rare opportunity to see that side of the family. I only found Joan and her baby sister E.T. at home."

"The prosecution is mainly interested in how your visit ended…"

The giant screen shows Joan and Simon saying farewell curbside in front of her house. As Simon is entering a taxi, Joan asks if she can do anything for him…

Simon, "All prayers for my safety are gratefully accepted."

Joan, "Everyday, I promise."

Naval Officer devil calls out, "Freeze frame. You heard it your honor, the defendant promised daily prayers for her cousin's safety – a promise she did not keep!"

(A 'gasp' goes through the crowd of spectators, but it is the ultimate in bad acting.)

Joan protests, "Hey, don't stop it there. What about your threat to kill Simon?"

Devil, "Your honor…"

Judge Joan, "On it. Defense Counsel, control your client. She will have her turn."

The angel replies, "Yes your honor, but my client does raise a valid point."

(On the screen Simon's taxi has pulled away and Dog-Walker devil speaks to Joan…)

"Such a nice young man. What a shame he will not return to his family alive…"

Judge Joan, "Wait, the old guy on the screen and this navy guy are both the devil?"

Naval Officer devil smiles. "I have the ability to assume many shapes. Well Sgt. Newman, what do you think of your cousin now? Even in the face of my threat, she failed to continue praying for your safety."

Simon hesitates a moment before replying, "I asked for prayer in the context of me being deployed to Iraq. When that didn't happen, it was only natural Joan would not continue to pray for me."

Devil, "Yes, let's examine how that last minute change of plans occurred. Moments after I left Joan, the…other guy showed up."

The devil and all of those in the gallery avert their eyes as the real Dog-Walker God appears on the screen. Many tremble and howl in dismay at the sound of His voice, but Joan notices Ryan watching with a sad wistfulness. On the screen there is a conversation between Joan and God about Simon's safety and the devil's threat. Joan presses God for an absolute guarantee of Simon's safety, which God will not do because He must respect Simon's free will. Dog-Walker God adds…

"Simon's choices remain his own to make. Maintain your prayers, add the prayers of all those who love your cousin, and trust that I will do my part."

As Dog-Walker God exits the scene, the devil breathes a sigh of relief and says, "Even in the face of that assurance, Joan Girardi did not rely on prayer and faith. Instead, she Played God by using her cousin's lifepath as her toy. Joan chose to rely on her own ideas and the help of a mortal! I call Issac Bertrand Dunn to testify."

In a flash, I.B. Dunn of Homeland Security appears. Joan turns to her old tutor…

"Hey, aren't we letting the cat out of the bag by dragging I.B. into this?"

The angel responds, "This trial is occuring outside the flow of normal time. When he is done, the mortal will be returned to the exact moment he left with no memory of the event."

Dunn looks about and smiles at Joan. "So, you're not a psychic after all. And…I can see in color instead of black and white. Amazing…"

Devil, "Mr. Dunn, tell us your part of the story."

"Yeah, I might as well get this over with – I have to get back to the office. Last year on her birthday, Joan called to ask me a favor. I was surprised because I had been trying to persuade Joan to work for me due to her 'unusual' gifts, but she always seemed uninterested. We made a deal, in exchange for keeping her cousin out of combat, Joan agreed to be a part time consultant that I could call on at any time. I kept my side of the deal, and for the most part, so has Joan."

"Witness dismissed." The devil says and Dunn disappears.

Joan mutters to her 'attorney', "Are you going to let the devil run the whole show? Didn't you have any questions?"

"Joan, you are still thinking of this as a human trial. No mortal can lie here and there is no tripping up a witness on his testimony. Remember, deeds can be repented of, so it is your heart that is judged. It looks bad that you did not trust God and divided your loyalty by taking on another master, but don't lose hope."

"What can happen to me if I'm convicted? Will I…go to hell?"

"No Joan, you're still alive. The punishment would be a curse on your life."

"More than usual?"

"For the rest of your days you will fail at everything you attempt. All will come to shun you. Poverty, sickness and pain will be your frequent visitors, and you will no longer be able to serve God."

Before Joan can express her despair, Judge Joan bangs her gavel… "Mr. Prosecutor, can we move on? I have homework tonight."

"Of course, your honor. I call Cpl. Julio Montoya."

(Montoya steps forward and exchanges a friendly nod with Simon.)

Devil, "Corporal, tell us how you died."

"Okay, it was two days ago. Our company had intel that insurgents were held up in a remote compound on the edge of the desert. We get tips like this all of the time, and usually they're bogus. Still, five of the Bradleys were sent to check it out."

"Who was with you?"

"Besides the six grunts in the back, the crew consisted of me, Elmo - I mean, Sgt. Donaldson and a new guy, Cpl. Lamar Jackson."

"Why a 'new guy'? You had been in Iraq for months."

"When we got to Iraq without Simon, we had to accept a gunner from the replacement pool. He was a short-timer and rotated back to the states the day before our final mission. That's why Cpl. Jackson was with us. So, we find and surround the compound, a not very big place with a low brick wall around it, and we take position. We would have blown it to bits at the first sign of resistance, but there was none. We sent in the grunts to check the place out and it was empty. Since it was midday, we broke for chow and to have a smoke. The three of us were resting in a room with windows on two sides for cross ventilation when one of the enemy pops up from a spider hole and tosses in a grenade. Jackson was the closest to the door and managed to leap to safety, but the Sarge and I were offed."

(On the screen the incident is shown. Cpl. Jackson survives, but the other two are killed instantly.)

The devil calls out, "Alternate timeline. Show what would have happened if Simon Newman had gone to Iraq."

The giant screen shows Donaldson, Montoya and Simon in the same room on the same date. The grenade goes sailing into the room, landing on the floor. Without hesitation, Simon leaps on the grenade, absorbing the explosion. Simon dies, but the other two men are uninjured.

Joan stares at the screen and with tears in her eyes: "This is what God meant about Simon's choices. God knew he would sacrifice himself for his friends."

The devil mocks in a sing-song voice: "And greater love has no man than he would give his life for another."

Sgt. Donaldson calls out, "For the record, Julio and I bear no grudge toward Cpl. Jackson for saving himself."

Simon, still staring at the screen asks, "I would have done that?"

The devil responds, "Yes Simon, if Joan hadn't interfered you would have lived only one day longer, but you would have died a hero instead of the victim of a sad but rather silly accident, which would have been so much easier for your family to deal with. More importantly, you would have saved the lives of your comrades, granting them the long, happy years they have been denied due to your cousin's actions."

Donaldson says, "I leave behind a wife I love and three young daughters."

Montoya adds, "I was a newlywed with an infant son I never got a chance to hold in my arms."

The devil asks, "Simon, do you now want to join your comrades in this legal action?"

"I do not. Things may have turned out badly, and guys, I'm sorry I wasn't there for you, but this isn't Joan's fault. She acted purely out of love and concern for a family member. Given the chance, most of us would have done the same. Joan couldn't have forseen these...ripples."

Judge Joan says, "He makes a good point, Mr. Prosecutor."

The devil smiles. "Yes, were Joan Girardi just an ordinary mortal, she would not be on trial for her misguided actions. But there is another element to this case - one that raises her behavior to prosecuteable levels. I call Joan Girardi."

Joan whispers to the angel, "Me? Can I be made to testify against myself?"

The angel responds, "Again, this is not a human trial. You must answer the call."

Reluctantly Joan walks to the center of the courtroom, receiving boos and hisses from the spectators. One rap from Judge Joan's gavel silences the crowd. Joan suspects what will come next, and she does not like her chances.

Naval Officer devil asks, "Joan, in December of last year did you begin to receive special meditation instruction from your tutor?"

"Yes." Joan automatically says as she looks up at the screen and sees a day-by-day montage of that time, including her emotions as the daily sessions grew longer and more intense. Joan can see her annoyance at this intrusion on her already busy schedule, her curiosity as to why and her anger at her tutor when he declines to explain. Joan can even see her supposedly hidden fondness for her tutor-angel. No secrets here.

"And Joan, all of that training was to prepare you for a new ability that began to appear on the 31st?"

"Yeah, but at first I didn't understand what was happening. I thought I was going insane because I had multiple, differing memories of the same events. It turns out God was giving me the ability to see...probablities - the most and least likely scenarios based on any action."

"In other words, 'ripples'. You could see the ripples of current, future or PAST decisions..."

On the screen Joan sees herself at New Year exploring the new power, looking at her time with Adam, her battle with the death demon, her mother's chances of recovery after being shot... And then, her conversation with Cute Boy God about the power and her rejection of the new ability.

(From the screen:) "I can't handle knowing all the potential outcomes and having to choose for myself and others to go left or go right. To proceed or halt. All based on an interpretation of the best case scenario. And I'd never have the guts to make the tough choices on when to defy the odds."

The screen freezes after also showing Joan's confusion, fear and sense of unworthiness of the new ability.

Devil, "Show alternative acceptance timeline, details pertinent to this case."

On the screen Joan is seen months later meditating on her life, using the new ability as she contemplates her various life choices. She comes to the one involving Simon and reacts. In one scenario, when she did not interfere with Simon's deployment, she sees the risk and calls I.B. Dunn to warn the troops in the field of the grenade attack. All three men are saved. In the other scenario, Joan again sends the warning that saves the tank crew, and arranges through I.B. for Simon to get the a pass away from base the day of his fatal accident, again saving his life.

Joan stares appalled and can't help but whisper, "It's my fault. They died because of me."

The devil reacts, "And the truth comes out! Your honor, we have before us a young woman who rejected faith, commited the sin of pride by relying on her own wisdom over divine guidance, and who rejected this extraordinary gift from...'him' because it made her 'uncomfortable'. The result was the deaths of these men - denying them the long, happy lives that were ahead of them. All because Joan Girardi decided to...Play God! The prosecution rests."

As Joan walks back to the defense table feeling depressed and guilty, the crowd of spectators give the devil a standing ovation. Judge Joan again raps her gavel and the demonstration stops like a switch being turned off. Joan sags into her chair and looks up at the angel with a pleading expression on her face...

"Now it's our turn, right? This is where we turn things around, yeah?"

Judge Joan asks, "Defense, are you prepared to present your case?"

The towering angel replies, "No your honor, I have no case to present. It is obvious to all in this courtroom...my client is guilty."

To Be Continued.

(Footnote: The details of the case against Joan come from my stories BIRTHDAY and NEW YEAR.)


	3. Chapter 3

CHAPTER 3, MEMORIAL DAY

The courtroom outside the gate to hell…

Joan stares at her former tutor and current lawyer wondering…did she hear him right? That she is guilty and has no defense?

Judge Joan comments, "Well, since the defense has no case, I guess I have to come up with a verdict…"

Joan jumps to her feet. "Whoa-whoa-whoa, don't I have a right to a defense? Because I'm not willing to just bend over and take this."

The angel says, "Joan, what is the point in dragging this out any longer? Throw yourself on the mercy of the court and hope for the best."

"From a judge who was hand-picked to be harsh on me? No thank you. Are you saying you're not willing to try to defend me?"

"I would gladly defend you if that were possible, but Joan, you're guilty. I cannot ethically attempt to prevent a judgment you deserve."

Joan sighs. "Of course – you're an angel and you have to strictly follow the rules… You're fired! I'll defend myself."

The angel shrugs and walks away, stepping over the railing into the gallery section. The spectators hastily give him lots and lots of room. The devil calls out…

"I object! This case is already over."

"Technically, the defense didn't rest." Judge Joan rules.

The devil adds, "The defendant is unqualified to act in her own behalf."

Judge Joan looks through her notes… "Actually, the defendant has the right to ask anyone to represent her. I'm thinking 'anyone' would include herself. Joan, are you ready to begin?"

"May I have a few moments to consider my case, your honor?"

"Sure. Take five everybody. Maybe I could get a cold drink – like a Sprite?" (In the next moment an ice cold glass of Sprite appears. Judge Joan smiles.) "Wow…cool."

As Judge Joan sips her drink and while Naval Officer devil glares, Joan tries to think of some strategy to get her out of this mess. The whole 'Playing God' business is ill-defined, but apparently by the standards of this court she is guilty as charged. She was careless with Simon's life and by ripple association, the lives of Sgt. Donaldson and Cpl. Montoya. She did waver in faith both on her birthday and at New Year when she chose not to follow God's advice. Joan was too scared of the devil's threat to accept anything less than a guarantee from God about Simon, and she didn't feel up to handling the power God was offering - the power he said she would adapt to if she gave it more time. But if she had continued praying for Simon's safety as promised, perhaps then she would have been better prepared to deal with that ripples-reading ability and these three men would not have died.

But that is beyond change, and the question is: what now? How do you win in a court where you are known to be guilty and no one can lie? Wait…a court where no MORTAL can lie. When she told Ryan about what God said, how even when the devil is telling the truth he has a lie hidden inside, Ryan advised her to pay attention to God's words. Somewhere in all of this mess, the devil has been lying…

"I'm ready, your honor. I call Sgt. Donaldson to testify."

Judge Joan chuckles. "As a defense witness? Good luck."

Elmo Donaldson reluctantly goes to the center of the courtroom and gives Joan a hostile stare.

"Sergeant…or can I call you Elmo?" (He shrugs.) "Okay Elmo, I first want to express my regret that you have suffered an early death."

"Because of you."

"So it seems, but please understand, I had to take the devil's threat seriously. It wasn't the first time he has arranged to have killed someone I love. I truly had no knowledge of what would happen because of my attempt to save Simon's life."

"But you could have – that's the point, ain't it? You had a chance to square things and wouldn't take it. You let your personal issues prevent you from doing what is right."

"And what is right?"

Donaldson snorts derisively. "Following God, obviously. I may not be some fancy instrument of God, but even I have that figured out. When God offers you something he says you need and that you can handle, you take it no matter what doubts you may have. Call it faith, call it courage but that's what you do."

"I suppose as a soldier it is helpful to have courage and faith."

"You could say that."

"But as a man of faith, believing in God, doesn't it bother you to see whose side you're on?"

The devil retorts, "Objection! Irrelevant."

Joan quickly adds, "Shouldn't I be allowed to conduct my defense any way I see fit?"

Judge Joan races through her notes on multiple notepads, but can't find what she is seeking. "Ahh…I wish I had more time to study for this. Okay, my gut feeling is that Joan can go any which way she wants because it is her life that's at stake, but…there are limits – so watch it Joan."

"Thank you, your honor. So Elmo, we were discussing how you ended up on the side of the devil…"

"I'm not on his side! You think I'm not freaked out by all of this? You think I like associating with this…person?"

"Then how did you and Cpl. Montoya end up with the devil representing you?"

"Well, I can only speak for me. When I died my…'soul' rose up from my body and I could see myself on the floor dead, with Julio dead beside me. At first I was shocked and sort of in denial. Then I started thinking about my family and what was going to happen to them and how I was going to miss them so much. But just after that, I felt a tug that was urging me to go up. I rose into the air and saw a bright light that seemed to glow with…love. It's hard to explain, but I knew that was where I was supposed to go. I started approaching the light, and I heard my grandparents calling me from the other side not to be worried because I was coming home. As I got nearer all that remained of the world was that shaft of light and darkness beyond it. That's when I heard someone calling my name from the darkness."

"The devil?"

"Yeah, but I didn't realize that at first. He was dressed like an officer, and naturally I paused to hear what he had to say. He was upfront and told me who he really was, and he said one of his responsibilities is to be 'the accuser of the brethren'. The devil said my early death was due to you, Miss Girardi. He said my blood had the right to call out for justice, because your actions deprived me of the long, happy life I had ahead of me."

Joan pauses to look up at the giant TV screen, but it is blank. "Hey, do we need to call a repairman for this thing?"

The devil answers, "The screen only shows matters of mortal affairs. It does not display spiritual dealings."

"How convenient for you. Can I have Cpl. Montoya up here too, testifying side-by-side with his comrade?"

Judge Joan says, "That one I know. People can be questioned team fashion if their stories are intertwined."

Montoya steps forward and nods to Joan. "Before you ask, you can call me Julio."

"Thank you Julio, and again, I am sorry."

Julio nods again. "Yeah, I can see that, even if you weren't truth-compelled the way this location forces you to be. I can see you're a nice person, Miss. But even nice, rueful people have to face the punishment they deserve."

"Okay…let's get back to how this legal proceeding began. Is your story similar to Elmo's?"

"Practically word for word, right down to the promise that I had been denied a long, happy life because of you, Miss. I was reluctant to have anything to do with the devil, but I was assured by an angel – not like that one, that this lawsuit would have no effect on my chances of getting into heaven."

Joan looks to the spectators and gets a nod from her old tutor. "Was it explained to you what I do?"

"Yeah, you're an instrument of God – whatever that means."

"It means I'm a soldier in God's army. I do battle with evil in its' various forms on a regular basis. I spend a lot of my time sending the devil's demons into hell where they are locked away for all time. Last Halloween, I sent the most powerful form of demon to hell – a death demon. It is a malevolent creature that fosters violence between large groups of people. Its' kind is the primary reason for war. If you listen closely, you can pick out its' distinctive screams of agony from all of the rest."

Montoya and Donaldson pause to listen and they both gulp with nervousness.

Joan continues, "As you can imagine, my work is very dangerous. I'm a soldier on the front line, and every day I don't know if I will live or die. But like all good soldiers, I carry on with my duty, trusting God even when my faith begins to weaken. Yes, I was offered a power that would let me see the ripples of all of my actions, but the ability had a major drawback. One of the first things I examined was my fight with the death demon, and I saw that the chance of my success was only one in twenty. Can you imagine going into a battle knowing that you only had a five percent chance of survival? How good of a soldier would you be knowing that?"

The two soldiers hesitate as they think about Joan's question. Donaldson says, "Yeah, I see your point."

Montoya adds, "I don't think any soldier could function knowing something like that ahead of time."

The devil protests, "Guys, don't let her fool you with this cheap sentiment. Sure, a soldier's life is tough, but you have to trust your general in order to get the job done right. Joan didn't do that and it cost you years and years of happiness with your families."

Joan smiles, finally seeing the devil's lie. "Yeah...show us the lives of these two soldiers if I had never interfered with Simon's deployment."

The giant screen shows the same small room where Simon has just died and his two comrades have been saved by his heroism. The men are appalled and scream for medics to come help, but they know it is too late. A rapid montage shows the sad details that follow: the removal of Simon's body back to their base camp, the interviews with officers as they investigate Simon's death and the sadness of every man in Simon's unit over the death of such a popular soldier. The next day is Sunday, and there is a well attended memorial for Sgt. Simon Newman, and later the chaplain along with an army shrink give Julio and Elmo grief counseling. On Monday (today) the demands of war have the two men returned to duty with a new gunner –the same Cpl. Lamar Jackson who would have been with them on that fatal day if Joan had not interfered. The three men walk toward the staging area where many different vehicles are stored, including their Bradley tank. On the way a fuel truck passes by and suddenly a tire blows. The truck flips over, crushes the fuel compartment and soaks all three men in gasoline. One spark…

"Oh my God!" Julio cries out while making the sign of the cross. The spectators recoil from the words and gesture.

The images continue. Jackson burns to death almost immediately, but Julio and Elmo manage to barely survive badly burned. They are rushed to the hospital where doctors work tirelessly to save their lives, but it is no use. Julio lingers nine days before he perishes. Elmo manages twelve. Both men die in agony with their families aware of how much they have suffered…

Elmo points at the devil and snarls, "You lied to us! You rotten sonuva…"

Judge Joan raps her gavel. "Am I wrong, or are you two men about to drop your charges against the defendant?"

Both soldiers respond in unison, "Yes!"

"Then case dismissed." a smiling Judge Joan says as she raps her gavel.

All goes black.

X X X X X

Joan blinks her eyes, getting use to the sudden sunlight. She is back in the cemetery and is standing in the exact spot she was in when she was 'dragged down' earlier...but when? It seems like hours have passed by, but Joan realizes she has been returned to the very second when she left. Joan retraces her steps and sees that her cousin's funeral is still going on, and apparently her abscence hasn't been noticed. Joan also sees that Simon's ghost has returned and is watching his own funeral from a short distance away. Standing next to him is the familiar form of God - Naval Officer God. Trying not to draw attention to herself, Joan walks over to them.

"Hello Joan, I'm glad you won." Simon says.

"Are you Simon? Because it seems I screwed over your life pretty good. If I had accepted the power I was offered..."

"Then I wouldn't have died in Iraq yesterday. Instead, I would have been one of those caught in the gasoline fire that was going to happen today."

"Okay, but if I hadn't butted in, you would have at least died a hero's death. Wouldn't that have been some comfort to your family?"

Simon points to the crowd of mourners. "You see how grief stricken Steven is? Right now he hates the army because I died a 'sad, silly death'. If I had died a 'hero', he would have been very proud of me and would have felt compelled to follow in my footsteps. Three years from now he would have died in Afghanistan trying to finish the job his 'brave' big brother started."

"We're still going to be in Afghanistan in three years?"

Simon looks apologetically to Naval Officer God. "I may have said too much. If you will excuse me, I want to go say goodbye to everyone before I...move on. I know they won't be able to hear or see me, but I'll feel better after saying farewell."

"Okay, but be careful. My Mom can see you like I do."

"Really. You Girardis are a surprising bunch." Simon says with a smile before walking away.

Joan watches as Simon walks toward the mourners. "Okay God, what the 'hell' was that all about?"

"Your trial? I would think it was self explanatory."

"What happened to my spiritual shield? I thought I was off limits to the devil's actions."

"You are, as long as you are in right standing with me - which has never ceased. But, you were open to the charges of Sgt. Donaldson and Cpl. Montoya. The devil spoke the truth when he called himself the accuser of the brethren and that the blood of those two men had the right to call out for justice. Of course as usual, the enemy lied for he was presenting a case of revenge."

"I guess I was lucky that he was also lying about those men living a long, happy life if I hadn't messed things up."

"With some people there is an appointed time, and defeating that time requires far more than luck."

"So there never was a chance to save Simon and the other two?"

"Joan, you remember from the brief time you had the advanced power, there are numerous scenarios with differing degrees of likelihood. The odds were long, but they could have been beaten just as when you defeated the death demon."

"So I am responsible for these men dying..." Joan says as tears come to her eyes.

"No Joan, the war is responsible. The hatred of man for his fellow man is responsible, and the other side has a lot of blame to share. That death demon you defeated was not the only one in existence. Your part was so small, you may as well blame a single drop of water for a flood. Simon holds no grudge against you, nor do Donaldson and Montoya, who have learned a valuable lesson."

"Speaking of lessons, I have the feeling the whole reason you allowed that trial to take place was to teach me one."

Naval Officer God smiles. "There were lessons to be learned, but most of all, there was experience to be gained. Joan, you have chosen the lifepath of a lawyer, and you will be a good one both here...and in that other courtroom."

"Oh wait, you mean...?"

"You will be receiving instruction on the legal proceedings of a spiritual court so that you may help defend the accused."

"Why not just have one of your angels do it?"

"As you have seen, they lack the outside-the-box thinking that makes you one of my better soldiers. Of course this isn't an order...you have free will."

Joan snickers. "Yeah, like I didn't learn that lesson today. So I'm getting a new tutor - one that specializes in spirtitual law?"

"Actually, he is someone you know well."

"The big guy?"

"He requested the assignment. To his own surprise, he misses you."

"Aww, I'm touched - sort of, and it's bound to better than when I had to listen to his demonology lectures while he ran me ragged."

"Um, he mentioned he thought you were slacking off in the physical training depatment. Don't be surprised if he raps on your window at dawn."

Before Joan can respond with a groan, Simon rejoins them.

"Thank you God for that opportunity."

"You are welcome, Simon. Are you ready to go?"

"Yes sir. Joan, thank you for caring, and thanks for the honor. I hear I will have a namesake through you?"

Joan blushes and nods. "That is a possible scenario, but I can't offer a guarantee, especially since I don't even have a boyfriend."

Simon smiles back. "Give it time, and rest assured, I'll be watching that namesake with great interest. Your side of the family has a tendency toward...special gifts. You were right, your mom did see me and so did your sister."

"E.T. saw you? You're sure?"

"I smiled, she smiled. I waved, she waved back. Yeah, I'm sure."

"Simon..." God hints.

"Gotta go. We will see each other again someday, cousin. Goodbye, Joan."

"Goodbye, Simon." Joan says as she watches Simon walk away with Naval Officer God. There is a flash of light, and they are gone. Joan goes to rejoin her family...

THE END

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